October 9 2013 Presented by Wilhelmina Randtke Electronic Services Librarian Sarita Kenedy East Law Library St Marys University School of Law Overview Researching Immigration Law Major laws ID: 194698
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Slide1
Researching Immigration Law
October 9, 2013
Presented by Wilhelmina Randtke
Electronic Services Librarian
Sarita
Kenedy
East Law Library
St. Mary’s University School of LawSlide2
Overview:
Researching Immigration Law
Major laws
The Immigration and Nationality Act of 1952, as amended
The Immigration Reform and Control Act of 1986
Illegal Immigration Reform and Immigration Responsibility Act of 1996
Codified in US Code and CFR
Title 8 (Aliens and Nationality)
Title 22 (Foreign Relations)Slide3
Administrative courts
DOJ
Board of Immigration Appeals (BIA)USCIS Administrative Appeals Office (AAO)
Administrative Guidance
USCIS MemorandaUSCIS Adjudicator’s Field ManualUS Customs and Border Protection Inspector’s Field ManualUS Department of State Foreign Affairs Manual
Overview:
Researching Immigration LawSlide4
The flavor of immigration lawSlide5
Laws and Regulations:
The flavor of immigration law
Major laws
The Immigration and Nationality Act of 1952, as amended
The Immigration Reform and Control Act of 1986Illegal Immigration Reform and Immigration Responsibility Act of 1996Enforcement and AdministrationDepartment of Homeland Security formed in 2002
U.S. Citizenship and Immigration Services formed in 2003
U.S. Immigration and Customs Enforcement formed in 2003
Notice anything about the laws and agencies?Slide6
Laws and Regulations:
The flavor of immigration law
Major laws
The Immigration and Nationality Act of
1952, as amendedThe Immigration Reform and Control Act of 1986Illegal Immigration Reform and Immigration Responsibility Act of
1996
Enforcement and Administration
Department of Homeland Security formed in
2002
U.S. Citizenship and Immigration Services formed in
2003
U.S. Immigration and Customs Enforcement formed in
2003
Notice anything about the laws and agencies?Slide7
INS to DHS
Know that USC and CFR will refer to defunct federal structures.
Check the Homeland
S
ecurity Act of 2002 for transferred functions.Functions were transferred elsewhere, too. An old INS function might not be in DHS.
Who? What?
???
!!!Slide8
The flavor of immigration law:
Overlapping areas of law
They're taking our
jobs
... ... collecting welfare...Slide9Slide10
Two big changes in 1996:
Illegal
Immigration Reform and Immigration Responsibility Act of
1996
Personal Responsibility and Work Opportunity Act of 1996 (PRWORA)Slide11
Start broad, move to details.
Research Framework
Understand the question asked.Slide12
Research framework
Use secondary sources to find primary sources.
Secondary source = books, law review articles, CLEs, practice manuals, advocacy groups
Primary source = binding law, precedent
Use primary sources to nail down the law
Binding
vs
Persuasive
Binding authority is better.
Make sure you look in the same jurisdiction.Slide13
Research framework
Use secondary sources to find primary sources.
Secondary source = books, law review articles, CLEs, practice manuals, advocacy groups
Primary source = law, precedent
Use primary sources to nail down the law
Binding
vs
Persuasive
Binding authority is better.
Make sure you look in the same jurisdiction.Slide14
Laws and Regulations
When researching laws and regulations, make sure the law applies to your situation. Always check the definitions.Slide15
Binding
vs
Persuasive
What court are you in front of?
Where would an appeal go? Board of Immigration Appeals?Administration Appeals Office?Federal district court (in which circuit)? When searching case law, check coverage for the database you are looking in.
Westlaw and Westlaw Next: Lower case
i
in a circle
Lexis
Nexis
: Lower case
i
in a box
Lexis Advance: Browse sources, click name of source, “View all information about this source”Slide16
Case law for immigration
Cases start in an
administrative system, then can appeal through administrative system up to federal court.
Federal courts review administrative decisions.
Federal court decisions are binding on that circuit, persuasive on other circuits.Administrative CourtsSlide17
Case law for immigration
Administrative courts:
USCIS
Administrative Appeals Office (AAO)
DOJ Board of Immigration Appeals (BIA)Slide18
USCIS Administrative Appeals Office (AAO)
Progress of a case:
Petition is filed with USCIS regional service center or district office. Decision is made.
Can appeal decision to USCIS AAO.
Can appeal that decision to federal court.
Where to find AAO decisions:
Lexis Advance (Browse Sources
search AAO)
Lexis
Nexis
(Find a Source search AAO)
WestLaw (Search for a database FIM-BIA)
WestLaw Next (Browse All Content (tab) click Administrative Decisions and Guidance Administrative Appeals Unit Decisions)
EOIR Virtual Law Library (
http://www.justice.gov/eoir/vll/intdec/lib_indecitnet.html
)Slide19
DOJ Board of Immigration Appeals (BIA)
U.S. Department of Justice
is over
Executive Office for Immigration Review
is overBoard of Immigration AppealsSlide20
Progress of a case:
Immigration Judge in the Department of Justice makes a decision.
This can be appealed to the BIA.This can be appealed to federal court.
Where to find BIA decisions:
Lexis Advance (Browse Sources search BIA)Lexis Nexis (Find a Source search BIA)
WestLaw (Search for a database FIM-BIA)
WestLaw Next (Browse All Content (tab) click Administrative Decisions and Guidance Board of Immigration Appeals Decisions)
EOIR Virtual Law Library (http://www.justice.gov/eoir/vll/intdec/lib_indecitnet.html )
DOJ Board of Immigration Appeals (BIA)Slide21
EOIR Virtual Law LibrarySlide22
Agency materials
Memos, field manuals, guidance
Field manualsUSCIS
Adjudicator’s Field Manual
US Customs and Border Protection Inspector’s Field ManualUS Dept. of State Foreign Affairs ManualSlide23
USCIS
Adjudicator’s Field Manual
“comprehensively details USCIS policies and procedures for adjudicating applications and petitions”Slide24
US Customs and Border Protection
Inspector’s Field Manual
Manual for Customs and Border Protection inspectors. Agency does not maintain a public version.
Released in response to a FOIA request, and slowly getting out of date.
FOIA release: http://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/archive/2012/02/17/cbp-inspector-s-field-manual-online.aspx FOIA release with formatting cleaned up:
http://shusterman.com/pdf/cbpinspectorsfieldmanual.pdf
Slide25
US Dept. of State
Foreign Affairs ManualSlide26
Researching Immigration Law
October 9, 2013
Presented by Wilhelmina Randtke
Electronic Services Librarian
Sarita Kenedy East Law LibrarySt. Mary’s University School of Law